2240
No. 9 of 1912.
New
DEPORTATION.
or by virtue of the provisions of section 11 of this Ordinance, and who, without lawful authority or excuse, is in this Colony after the date of such order or after the time fixed for his departure, and before expiration of the term of his banishment or at any time contrary to the provisions of section 11 of this Ordinance, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to imprisonment for any term not exceeding five years: Provided that where such person is convicted on indictment he shall be liable to imprisonment for any term not exceeding three years in cases where the period of banishment did not exceed fifteen years but exceeded five years, and to imprisonment for any term not exceeding two years in cases where the period of banishment did not exceed five years and provided also that in any case in which the person, when brought before a Magistrate on any such charge, pleads guilty thereto, the Magistrate may deal summarily with the case and sentence such person to imprisonment for any term not exceeding one year.
(2) Every person who has been prohibited by an order of banishment issued under the provisions of any enactment repealed by this Ordinance from residing or being within this Colony and who without lawful authority or excuse is in this Colony after the date of such order or after the time fixed for his departure and before the expiration of the term of his banishment, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to imprisonment for any term not exceeding one year: Provided that in any case in which the prisoner when brought before a Magistrate on any such charge, pleads guilty thereto, it shall be lawful for the Magistrate to deal summarily with the case, instead of committing the prisoner for trial at the Supreme Court.
9. The Governor-in-Council may issue a new order of deportation in form No. 7 in the schedule against any person who has been convicted of an offence against section 8 of this Ordinance.
Deportation Order
Penalty for harbouring.
10. Every person who without lawful authority or excuse knowingly harbours or conceals any person, who has been prohibited from residing or being within the Colony either by virtue of an order of deportation or by virtue of the provisions of section 11 of this Ordinance, or by virtue of an order of banishment issued under any enactment repealed by this Ordinance, shall be liable on summary conviction to a fine not exceeding 50 dollars.
* As amended by No. 14 of 1912.